Donald G. and Beverly J. Oren - Page 19




                                       - 19 -                                         
               *  [S. Rept. 1983, 85th Cong., 2d Sess. (1958), 1958-3                 
               C.B. 922, 1141; emphasis added.]                                       
               Respondent determined that the loans Mr. Oren made to HL and           
          HS did not involve an economic outlay by petitioners and did not            
          increase basis under section 1366(d).  Respondent argues that the           
          transactions did not leave petitioners “poorer in any material              
          sense” and did not result in “any significant change” in                    
          petitioners’ “economic wealth”.10                                           
               Petitioners suggest that the loans from Mr. Oren to HL and             
          HS, when viewed separately, were bona fide debts for purposes of            
          section 1366(d).  Petitioners contend that the “other” loan                 
          transactions (i.e., the loans from HL to Dart and from HS to                
          Dart) should not upset the validity of those loans.  Petitioners            
          also argue that Mr. Oren’s personal economic wealth was changed             
          significantly as a result of the loan transactions since he was             
          personally indebted to Dart for repayment of the loan proceeds.             
               In the context of a shareholder’s guaranty of a loan for the           
          benefit of an S corporation, there has been some dispute as to              
          whether a guaranty can ever satisfy the requirements of section             
          1366(d)(1).  Most of the cases dealing with the issue have                  
          determined that, as a matter of law, a mere guaranty does not               
          give rise to basis in indebtedness under section 1366(d)(1)(B),             



               10Respondent does not challenge the bona fides of the                  
          entities created by petitioners or the overall structure of the             
          trucking business adopted by petitioners.                                   





Page:  Previous  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  Next

Last modified: May 25, 2011